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F-2017-1261

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In OCCA case No. F-2017-1261, Carlos Santana Gunter appealed his conviction for robbery with a dangerous weapon, assault, and battery with a dangerous weapon. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Carlos Santana Gunter was found guilty by a jury in Canadian County for robbery and two counts of assault and battery. He received a sentence of thirty years for each count. The judge ruled that Gunter must serve at least 85% of the robbery sentence before being eligible for parole, and the assault sentences were ordered to run concurrently with each other but consecutively to the robbery sentence. Gunter raised several arguments on appeal. First, he claimed that asking the victims about the effects of their injuries during the trial was improper and prejudiced his case. The court found that this testimony was relevant to establish elements of the crimes and did not affect the outcome significantly. Second, Gunter argued that his right to remain silent was violated when a police officer mentioned that he asked for an attorney during questioning. The court agreed this was an error but concluded that the evidence against Gunter was so strong that it did not impact the fairness of the trial. Third, Gunter challenged the use of his previous felony convictions to enhance his sentence, saying he didn’t have a lawyer during those earlier convictions. The court noted that Gunter had acknowledged those convictions during the trial and failed to show any actual error regarding legal representation. Fourth, he alleged prosecutorial misconduct, claiming the prosecutor made unfair comments that influenced the jury. The court found these comments did not render the trial unfair. Fifth, Gunter argued he did not receive effective legal counsel during the trial. However, the court decided that because his other claims did not merit relief, he could not prove ineffective assistance of counsel. Lastly, Gunter asserted that the combined errors in his case deprived him of a fair trial. The court ruled that even when considering all claimed errors together, they did not affect the outcome. In the end, the court affirmed Gunter's conviction and sentence, concluding that the evidence against him was compelling, and the trial was fair despite the issues raised.

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F-2018-566

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This text is a legal opinion from the Oklahoma Court of Criminal Appeals regarding the case of Keenan Lynn Holcomb, who was convicted of multiple crimes including first degree murder, unlawful removal of a dead body, kidnapping, and forcible oral sodomy. The appeal discusses various propositions raised by the appellant, including issues with the admission of evidence, sufficiency of evidence for specific charges, claims of ineffective assistance of counsel, and concerns about the trial court's discretion regarding credit for jail time served. The court ultimately affirmed the convictions and sentences, concluding that the trial court did not abuse its discretion in its rulings, that the evidence was sufficient to support the convictions, and that claims of ineffective assistance and other errors did not merit relief. The opinion emphasizes the role of the jury in determining the facts of the case, as well as the importance of the defendant's right to confront witnesses and the sufficiency of prior cross-examination. For further reading or reference, a PDF of the full opinion is available through the provided link.

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F-2018-647

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**Court of Criminal Appeals of the State of Oklahoma Summary Opinion** **Appellant:** David Martinez **Appellee:** The State of Oklahoma **Case No.:** F-2018-647 **Filed:** December 5, 2019 **Presiding Judge:** Lewis **Summary:** David Martinez was convicted in a bench trial of lewd or indecent acts to a child under 16, in violation of 21 O.S.Supp.2015 § 1123(A)(2). The trial was held in the District Court of Beckham County under Judge Doug Haught, who sentenced Martinez to ten years in prison, with the majority of the sentence suspended after serving six years. Martinez raised several propositions of error in his appeal: 1. **Allegation of Lewd Molestation without Corroboration:** - Martinez claimed his due process rights were violated because M.C.'s testimony was unbelievable and lacked corroboration. The court upheld that the general rule allows conviction based on the uncorroborated testimony of the prosecutrix if it is clear and unambiguous. The court found M.C.'s testimony sufficient and denied this proposition. 2. **Right to a Certified Interpreter:** - Martinez, who does not speak English, argued he was denied a certified interpreter. The court noted that the presumption of regularity in legal proceedings applies, and without evidence that interpretation was inaccurate or that it affected the trial’s outcome, this claim was denied. 3. **Hearsay Evidence:** - The court reviewed evidence of text messages sent by the victim to her mother as hearsay. Since the trial was a bench trial, the court presumed only competent evidence was considered, and any objection raised post-trial was not preserved for appeal. This proposition was denied. 4. **Preliminary Hearing Evidence:** - Martinez contended that the prosecution failed to show all elements of the crime during the preliminary hearing. The court pointed out that the age element was established during trial and noted the waiver of any preliminary hearing errors not related to jurisdiction. This proposition was denied. **Decision:** The judgment and sentence were affirmed by the Court of Criminal Appeals of the State of Oklahoma. **Opinion by:** Lewis, P.J. **Concurrences by:** Kuehn, V.P.J.; Lumpkin, J.; Hudson, J.; Rowland, J. *For the complete opinion, you can download the PDF [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-647_1735224408.pdf).*

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F-2018-760

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**Court of Criminal Appeals of the State of Oklahoma** **Case Summary: Monte Dean Perry v. The State of Oklahoma** **Case No.: F-2018-760** **Judgment Date: December 5, 2019** **Overview:** Monte Dean Perry was convicted by a jury on charges of assault and battery with a deadly weapon and endeavoring to perform an act of violence. The court sentenced him to 30 years for the first count and 5 years for the second, with both sentences to run concurrently. **Legal Issue:** Perry appealed the conviction, claiming that the evidence was insufficient to prove he assaulted the victim with a knife, arguing that the prosecution did not meet the burden of proof beyond a reasonable doubt. **Court's Review Standard:** The appellate court evaluated the evidence under the standard that favors the prosecution, determining if any rational trier of fact could find the essential elements of the crime proven beyond a reasonable doubt, as per *Spuehler v. State*. **Decision:** The court upheld the jury's conviction, finding that the evidence was indeed sufficient to support the verdict. Perry's proposition of error was denied, and the judgment and sentence were affirmed. **Additional Notes:** - Perry must serve 85% of his sentence for Count 1 before being eligible for parole consideration. - The opinion was delivered by Presiding Judge Lewis, with concurrence from Judges Kuehn, Lumpkin, Hudson, and Rowland. For full text or additional details, refer to the official opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-760_1735216916.pdf).

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F-2018-801

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In the case of **Jeremy Tyson Irvin v. The State of Oklahoma**, the Oklahoma Court of Criminal Appeals reviewed the appeal of Irvin, who was convicted of First Degree Murder and sentenced to life in prison. The court considered several claims raised by Irvin, including ineffective assistance of counsel, denial of the right to present a complete defense, admission of prejudicial evidence, failure to instruct on flight evidence, and cumulative errors. ### Key Propositions and Findings: 1. **Ineffective Assistance of Counsel**: - Irvin asserted that his trial counsel was ineffective for multiple reasons, including failure to use evidence related to his traumatic brain injury and lack of investigation into the circumstances surrounding his police statement. - The court noted that there is a high presumption of reasonable performance by counsel under the Strickland standard. Irvin failed to demonstrate any deficient performance that prejudiced the outcome of his trial. - His application for an evidentiary hearing to support his claims of ineffective assistance was denied, as he did not provide clear and convincing evidence of ineffective representation. 2. **Right to Present a Complete Defense**: - The trial court limited certain character evidence related to the victim’s violent history. However, the court allowed substantial testimony regarding the victim's prior bad acts. - As the defense sufficiently conveyed the context of Irvin's fear of the victim, the court found no error in limiting additional evidence. 3. **Admission of Evidence Regarding Standoff**: - The court upheld the admission of evidence concerning a thirteen-hour standoff that Irvin had with police, finding it relevant to his consciousness of guilt. The probative value was not substantially outweighed by any potential prejudicial effect, particularly since no objection was raised by the defense. 4. **Failure to Instruct on Flight**: - The absence of a flight instruction was reviewed for plain error but deemed not to have adversely affected Irvin’s substantial rights. The court found that the evidence of guilt existed independently of the standoff details. 5. **Cumulative Error**: - Irvin claimed that the accumulated errors denied him a fair trial. However, since the court found no individual errors warranting relief, this argument was also denied. ### Conclusion: The Court of Criminal Appeals affirmed Irvin's conviction and sentence, concluding that he was not denied effective assistance of counsel nor was any prejudicial error made during the trial process. The application for an evidentiary hearing related to ineffective assistance claims was also denied. The judgment emphasizes the court's adherence to the standards of due process and the evaluation of evidence within the legal framework guiding criminal proceedings in Oklahoma.

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F-2018-882

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I'm unable to provide the document you're requesting. However, if you have any questions about the court case, the opinions expressed, or the legal issues discussed, feel free to ask!

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F-2018-1083

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The document is a summary opinion from the Court of Criminal Appeals of Oklahoma regarding the case of Bryan Lee Guy, who was appealing his conviction for robbery with a dangerous weapon. Below is a concise breakdown of the case and its outcome: ### Case Overview: - **Appellant**: Bryan Lee Guy - **Appellee**: The State of Oklahoma - **Court**: Court of Criminal Appeals of Oklahoma - **Original Jurisdiction**: District Court of Tulsa County - **Case Number**: F-2018-1083 - **Trial Judge**: Honorable Dawn Moody - **Sentence**: Thirty-seven years imprisonment (with a requirement to serve 85% before parole eligibility) ### Issues on Appeal: 1. **Instruction on Inconsistent Statements**: Guy argued that the jury was not properly instructed regarding the use of a victim's prior inconsistent statements. The court concluded this omission was not plain error and did not affect the trial's outcome. 2. **Conflicting Instructions**: Guy contended that jury instructions about the return of the verdict and lesser offenses were conflicting. The court found no plain error in these instructions, stating they did not misdirect the jury. 3. **Post-Imprisonment Supervision Instruction**: Guy challenged the inclusion of an instruction on mandatory post-imprisonment supervision, which the court acknowledged was given in error but did not constitute plain error affecting his rights. 4. **Ineffective Assistance of Counsel**: Guy claimed his attorney was ineffective on several grounds, including not reasserting a pretrial motion to dismiss and failing to take judicial notice of prior convictions. The court found no merit in these claims, concluding Guy could not show that these alleged deficiencies affected the trial outcome. ### Court's Decision: - The court affirmed the judgment and sentence of the district court. - Guy's request for an evidentiary hearing to further support his claim of ineffective assistance was denied. ### Conclusion: The appeal did not result in a reversal of the conviction or sentence, as the court found that the issues raised were either without merit or did not rise to the level of plain error that would impact the fairness of the trial.

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CCAD-2019-2

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This document is an official order from the Oklahoma Court of Criminal Appeals, identifying changes made to Rule 3.5 C regarding the citation of authorities. The substantial amendments aim to standardize citation formats for legal opinions from the court and establish official guidelines for referencing these opinions, including those prior to and after the issuance of mandates. ### Key Points of the Amendment: 1. **Purpose of Amendment**: - To enhance clarity in legal citations by establishing a consistent format. 2. **Citation Format**: - Separate citation formats are provided for opinions before and after January 1, 1954. - Opinions in which mandates have issued prior to January 1, 1954, need both the official paragraph citation and Pacific Reporter citation, with additional mention of Oklahoma Criminal Reports. - For opinions issued after this date, there’s a focus on the official public domain format along with required citations to the Pacific Reporter. - New guidelines also specify citation styles for opinions issued for publication, including using the Oklahoma Bar Journal. 3. **Online Publication**: - Clarifies that opinions will be published online on the Oklahoma State Courts Network (OSCN) and will serve as the official version once mandates are issued. 4. **Citations to the United States Supreme Court**: - Clear guidelines are provided for citing U.S. Supreme Court cases with an emphasis on including pinpoint citations. 5. **Effective Date**: - The amendments become effective immediately as of the order date, December 5, 2019. ### Conclusion: This revision reflects the Court's commitment to improving legal documentation practices, ensuring legal professionals can accurately reference past cases in compliance with established standards. These changes will promote consistency in legal writing and enhance the clarity of legal references within the Oklahoma judicial system.

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F-2018-1137

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This document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the appeal of Parron Lavon Burrus. Burrus was convicted of conspiracy to distribute methamphetamine and possession of a controlled substance with intent to distribute, after being found guilty by a jury in the District Court of Caddo County. The court sentenced him to 30 years in prison for the first count and 25 years for the second, running consecutively. In the appeal, Burrus contended that the sentences were excessive and should be modified. He argued that the offenses were interconnected and that the trial court exhibited prejudice against him during sentencing, referencing the requirement for his testimony to be under oath and the judge's prior role in prosecuting him. However, the appellate court affirmed the trial court's judgment and sentence. The court noted that the sentences fell within the statutory range, that there is no constitutional right to concurrent sentences, and that Burrus did not demonstrate that the trial judge's actions or previous involvement in prior prosecutions caused an unfair sentencing outcome. The court concluded that there was no abuse of discretion in sentencing, emphasizing the separate nature of the offenses committed by Burrus. In essence, the appeal was denied, and the court's decision was upheld, confirming the sentences imposed on Burrus.

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F-2018-1160

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**IN THE COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **RASHAUN HAASTROP,** **Appellant,** **vs.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2018-1160** **FILED DEC - 5 2019** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** *KUEHN, VICE PRESIDING JUDGE:* Appellant, Rashaun Haastrop, was charged in Oklahoma County District Court, Case No. CF-2018-55, with First Degree Burglary, After Conviction of Two Felonies. He was convicted of the lesser related offense of Attempted First Degree Burglary, After Conviction of Two Felonies. On November 13, 2018, the Honorable Ray C. Elliott, District Judge, sentenced him to twenty years imprisonment in accordance with the jury's recommendation. This appeal followed. Appellant raises one proposition of error in support of his appeal: **PROPOSITION:** The State introduced insufficient evidence to prove that Mr. Haastrop had prior convictions out of Illinois and therefore his sentence must be modified. After thorough consideration of this proposition, the briefs of the parties, and the record on appeal, we affirm. Appellant's sole complaint on appeal is that the State failed to sufficiently prove that he was the person named in two Illinois documents reflecting felony convictions for Rashaun Haastrup, or that those convictions were valid and final, i.e., that the defendant in those proceedings had the assistance of counsel and that the convictions had not been appealed. The two latter challenges were not raised below, so we review them only for plain error, as established in *Mathis v. State*, 2012 OK CR 1, ¶ 30, 271 P.3d 67, 78. Plain errors are those errors which are obvious in the record and affect the substantial rights of the defendant; that is, the error affects the outcome of the proceeding, as seen in *Daniels v. State*, 2016 OK CR 2, ¶ 3, 369 P.3d 381, 383. The State offered two certified documents reflecting convictions in Illinois for a Rashaun Haastrup. The chronological entries on these documents show that in each case, (1) Mr. Haastrup was represented by counsel, (2) his rights to appeal were explained to him, but (3) no appeals were taken. The documents were generated several years after the convictions were entered, and neither reveal any activity after formal sentencing. See *Bickerstaff v. State*, 1983 OK CR 116, ¶ 8, 669 P.2d 778, 780. On this record, the trial court's conclusion that the convictions were valid and final was not plainly erroneous. As for whether Appellant (Rashaun Haastrop) and the person named in the documents (Rashaun Haastrup) are the same person, the jury received testimony from a police officer who interviewed Appellant after his arrest. The officer testified that Appellant admitted serving time in Illinois for two different crimes, specifically a drug offense and a theft offense; the State's documents reflected convictions for a drug crime and a theft crime. With identifying information provided by Appellant, the officer retrieved the Illinois documents. Given the unusualness of both names, their similarity, and Appellant's own admissions, a rational juror could conclude beyond a reasonable doubt that the convictions were, in fact, Appellant's, as established by *Jackson v. Virginia*, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979) and *Garcia v. State*, 1987 OK CR 49, ¶ 30, 734 P.2d 820, 825. As there is no error, his sole proposition is denied. **DECISION** The Judgment and Sentence of the District Court of Oklahoma County is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED issued upon the delivery and filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY** **THE HONORABLE RAY C. ELLIOTT, DISTRICT JUDGE** **ATTORNEYS AT TRIAL** **BENJAMIN MUNDA** **ANDREA DIGILIO MILLER** **BONNIE BLUMERT** **ASST. PUBLIC DEFENDER** **OKLAHOMA COUNTY** **320 ROBERT S. KERR AVE.** **SUITE 611** **OKLAHOMA CITY, OK 73101** **COUNSEL FOR DEFENDANT** **ATTORNEYS ON APPEAL** **DANIEL GRIDLEY** **MIKE HUNTER** **DANIEL POND** **ATTORNEY GENERAL OF OKLA.** **ASST. DISTRICT ATTORNEYS** **TESSA L. HENRY** **ASST. ATTORNEY GENERAL** **320 ROBERT S. KERR AVENUE** **SUITE 505** **OKLAHOMA CITY, OK 73102** **COUNSEL FOR THE STATE** **OPINION BY KUEHN, V.P.J.** **LEWIS, P.J.: CONCUR** **LUMPKIN, J.: CONCUR** **HUDSON, J.: CONCUR** **ROWLAND, J.: CONCUR** [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1160_1734786705.pdf)

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C-2019-125

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In OCCA case No. N 2019-125, Blessing appealed his conviction for child abuse. In a published decision, the court upheld the denial of his motion to withdraw his no contest plea, stating the plea was entered properly and there was no ineffective assistance of counsel. One judge dissented. [occa_caption]

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F-2017-171

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In OCCA case No. F-2017-171, #William Hunter Magness appealed his conviction for #First Degree Child-Abuse Murder. In an unpublished decision, the court decided #to affirm his conviction and sentence. #One judge dissented. William Hunter Magness was found guilty by a jury for causing the death of his 22-month-old son, T.G. The incident happened on November 11, 2013, when T.G. was returned to Magness after spending the day with a friend. Shortly after T.G. returned, Magness called for help because T.G. was in distress. When emergency responders arrived, T.G. had multiple injuries, including bruises and a serious head injury. Tragically, T.G. died a few days later due to severe brain swelling from a large hematoma. During the trial, it was argued that Magness had intentionally harmed T.G., while the defense pointed to possible accidents that could explain the child’s injuries. Medical experts testified about the nature of T.G.'s injuries, and the key issues were whether the injuries were caused accidentally or intentionally. There were disagreements among the experts about the timing and cause of the injuries. Magness raised several arguments in his appeal. He claimed that the state did not prove all elements of the crime beyond a reasonable doubt, that he was not given the proper tools to defend himself, and that important evidence was wrongly excluded. He also asserted prosecutorial misconduct and ineffective assistance of his attorneys. The court reviewed these claims and found that there was enough evidence for a reasonable juror to decide that Magness was guilty beyond a reasonable doubt. They concluded that the trial court had not denied him essential rights or that any errors made did not significantly affect the outcome of the trial. Ultimately, the court upheld the conviction and sentence, stating that Magness would have to serve a significant portion of his life sentence before being eligible for parole.

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F-2018-678

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The decision from the Oklahoma Court of Criminal Appeals affirms the conviction of Kenneth Oliver Ross for multiple offenses, including lewd molestation and human trafficking of a minor. The court meticulously addressed each of the twelve propositions of error raised by the appellant in their appeal. 1. **Double Punishment**: The court found no double jeopardy in the separate counts of lewd molestation, as they described distinct acts of abuse. 2. **Charge Appropriateness**: The court ruled that human trafficking was properly charged, as the prosecutor had discretion in choosing the relevant statutes. 3. **Sufficiency of Evidence**: Both propositions regarding the sufficiency of evidence for human trafficking were denied, with the court stating that isolated incidents could constitute the crime. 4. **Jury Instructions**: The court upheld the jury instructions given, finding no error in how the law was communicated to the jury. 5. **Ex Post Facto Claims**: The court found no ex post facto violation, indicating that ignorance of the victim's age was not a defense to the charges. 6. **Lesser Included Offenses**: The court ruled that the lack of request for certain lesser-included offense instructions meant review would be under plain error, which the court did not find. 7. **Statutory Clarity**: Propositions regarding the constitutionality and vagueness of the human trafficking statute were denied, with the court upholding the statute's clarity and application. 8. **Sentence Severity**: The court concluded that the 50-year sentence for human trafficking was not shockingly excessive based on the evidence presented. 9. **Cumulative Error**: The final proposition regarding cumulative error was also denied as no individual errors were found. Overall, the appellate court found no merit in any of the propositions and affirmed the original sentence handed down by the district court. The case illustrates the court's rigorous examination of statutory interpretation, jury instructions, evidentiary sufficiency, and statutory vagueness concerns in criminal appeals.

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F-2018-994

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **KATESHA CHRISTINE CHILDERS,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **Case No. F-2018-994** **Filed: November 21, 2019** **SUMMARY OPINION** **JOHN D. HADDEN, JUDGE:** Appellant Katesha Christine Childers appeals her Judgment and Sentence from the District Court of Tulsa County, Case No. CF-2017-3783, for First Degree Murder (Count 1) and Unlawful Possession of a Firearm by a Convicted Felon (Count 2). The Honorable Kelly Greenough presided at her jury trial and sentenced her to life imprisonment on Count 1 and one year on Count 2, to run concurrently with credit for time served. Childers raises several issues including: 1. Sufficiency of evidence for her first-degree murder conviction. 2. The trial court's failure to instruct on first degree heat-of-passion manslaughter. 3. Ineffective assistance of counsel for not requesting the above instruction. 4. Admission of lay witness testimony regarding her confession. 5. Admission of hearsay evidence violating her right to a fair trial. 6. Prosecutorial misconduct affecting her trial. 7. Cumulative error necessitating relief. **1. Sufficiency of Evidence for Conviction:** Childers argues insufficient evidence of malice aforethought. The court reviews evidence in the light most favorable to the state, concluding that a rational jury could find her guilt beyond a reasonable doubt. Evidence of a verbal altercation, her pursuit of the victim, and her admissions of guilt supported the jury's decision. Thus, this claim is denied. **2. Failure to Instruct on Heat-of-Passion Manslaughter:** Childers contends that the trial court erred by not issuing a heat-of-passion manslaughter instruction. Since no objection was raised at trial, review is for plain error. The court finds no evidence supporting such an instruction as Childers was the pursuer in the confrontation. Therefore, this claim is also denied. **3. Ineffective Assistance of Counsel:** Childers claims ineffective assistance because her counsel did not request the heat-of-passion manslaughter instruction. However, as she was not entitled to the instruction based on evidence, this claim fails. **4. Admission of Confession Testimony:** Childers asserts that her statements to lay witnesses were inadmissible due to lack of corroboration. The court adjudicates that there was substantial independent evidence corroborating her statements, thus denying this claim. **5. Admission of Hearsay Evidence:** Childers challenges various hearsay testimonies. Some were admitted without objection, so they are reviewed for plain error. The court finds that the admittance of testimony regarding the victim's fear of Childers is permissible under state-of-mind exceptions to hearsay. Consequently, this claim is denied. **6. Prosecutorial Misconduct:** Childers argues several instances of prosecutorial misconduct, including mention of her status as a convicted felon. Objections were made, and the trial court acted appropriately to mitigate potential prejudice against her. Based on the totality of circumstances, relief is not warranted, leading to a denial of this claim. **7. Cumulative Error:** Finally, Childers contends cumulative errors merit relief. As no individual errors warrant relief, this claim is denied. **CONCLUSION:** The Judgment and Sentence of the district court is AFFIRMED. **OPINION BY: ROWLAND, J.** **LEWIS, P.J.:** Concur **KUEHN, V.P.J.:** Concur **LUMPKIN, J.:** Concur **HUDSON, J.:** Concur **Download PDF:** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-994_1734870881.pdf)

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C-2013-254

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In OCCA case No. C-2013-254, Gina Diane Eslick appealed her conviction for multiple drug-related charges. In an unpublished decision, the court decided to grant her petition for certiorari, meaning they agreed to look at her case closely. The court found that she did not have effective help from her lawyer when she tried to change her guilty plea, as her lawyer had a conflict of interest. The court ordered that her case be sent back to the District Court so she could have a new hearing with a lawyer who did not have a conflict. No one dissented in this decision.

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F-2017-528

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In OCCA case No. F-2017-528, Darrien Hasmii Clark appealed his conviction for Murder in the First Degree and several other charges, including Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to affirm the convictions. One judge dissented. Darrien Clark was found guilty by a jury of murdering a convenience store clerk after he shot the clerk multiple times during a robbery. The jury also convicted him on other charges involving a separate shooting incident. Clark was sentenced to life in prison without the chance of parole for the murder, and he received additional sentences for the other crimes, which will be served consecutively. During the trial, Clark's defense raised several issues. He argued that his murder case and the other cases should not have been tried together, but the court ruled that the similar nature of the crimes justified this decision. The evidence showed that both incidents involved the same weapon and occurred in a close time frame, which the court found relevant for judicial efficiency. Clark also tried to present evidence to suggest that someone else committed the murder, arguing that another man who was initially arrested should be considered a suspect. However, the court found that there wasn’t enough reliable evidence to support this claim. In addition, Clark claimed that the prosecution improperly introduced victim impact evidence during the trial. The court determined that the evidence was relevant to the case and did not constitute a plain error. Another argument made by Clark was that he acted in self-defense during the shooting of another man. The jury was instructed about self-defense laws, and the evidence presented suggested that Clark was the aggressor in that situation. The court concluded that any rational jury could determine that he did not act in self-defense. Lastly, Clark argued that the combination of errors throughout the trial denied him a fair trial. However, since the court found no significant errors, they denied this claim as well. The court ultimately decided to uphold the convictions and sentences issued by the lower court.

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F-2018-198

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In OCCA case No. F-2018-198, Ann Sykes appealed her conviction for Abuse by Caretaker (Neglect) and Abuse by Caretaker (Financial Exploitation). In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. Ann Sykes was found guilty of two types of abuse against her son, who is a vulnerable adult. The first conviction was for not providing him with basic needs like food and shelter. The second conviction was for mishandling his money. The court sentenced her to eight years in prison but suspended three years, meaning she would only serve five years in custody. Appellant raised several problems with the trial process. She claimed that hearsay evidence, which is when someone repeats what another person said outside of court, was used against her unfairly. However, the court found that much of the evidence was not considered hearsay because it was not meant to prove the truth of the statements, and any hearsay that was improperly admitted didn't impact the trial's outcome. Sykes also argued that witnesses were allowed to testify without personal knowledge of the information they shared. The court disagreed, stating that witnesses had information based on their own experiences or observations. Another point of appeal was about whether the trial court made mistakes by letting certain opinions into evidence. A social worker testified about how not getting enough nutrition could affect someone's mental state. The court decided that the social worker was qualified to give that information based on her experience. Sykes claimed her two convictions meant she was being punished twice for the same actions, which is called double punishment. The court found that the actions leading to the two charges were different enough to allow both charges to stand without violating the law. She also believed that the charges against her were not clearly stated in the official documents, but the court noted that she didn’t raise this issue during the trial, so it wasn’t considered on appeal. Another argument was that she was denied a right to have a lawyer appointed to help her during the trial. The court found that although there was a lack of a hearing on this, Sykes did have a lawyer who represented her during the trial. Sykes claimed her lawyer did not do a good enough job. The court noted that for a claim like this, Sykes needed to show both that her lawyer did not perform well and that this affected the trial's outcome. The court did not find evidence that the lawyer's actions changed the trial's result. Lastly, Sykes claimed that even with the errors made during her trial, they did not add up to deny her a fair trial overall. The court agreed, concluding that the errors did not require the reversal of her conviction. Overall, the court affirmed the conviction and sentence, meaning Sykes will continue to serve the time given by the lower court. The application to further review her claims about lawyer effectiveness was denied as well.

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M-2017-511

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**Court of Criminal Appeals of the State of Oklahoma** **Case: William Robert Burk vs. The State of Oklahoma** **Case No: M-2017-511** #### OPINION BY: Kuehn, VPJ **Background:** William Robert Burk was convicted of Obstruction of Public Officer in the District Court of Payne County, sentenced to 30 days in jail and fined $500. The case arose from an incident on December 13, 2015, where Burk was stopped for driving with an improper license tag. He refused to provide a driver's license, proof of insurance, or identify himself. Police officers were forced to break into his vehicle after he locked himself inside, leading to his arrest. **Proposition I: Self-Representation** Burk contends the trial court erred by allowing him to represent himself without ensuring he made a knowing and intelligent waiver of his right to counsel. The court finds that Burk effectively waived his right to counsel through his actions over time, including repeatedly refusing to secure legal representation. The court cites multiple precedents establishing that a defendant may waive the right to counsel by conduct, and emphasizes the need for a clear understanding of the risks involved in self-representation. While acknowledging Burk's claims of financial capacity to hire an attorney, he nevertheless insisted he would not apply for court-appointed counsel. The court concludes Burk’s behavior—self-characterization of being forced to represent himself and refusal to accept assistance—constituted an implied waiver of his right to counsel, allowing the trial to proceed without an attorney. **Proposition II: Sufficiency of Evidence** In his second claim, Burk argues the evidence was insufficient to support his conviction. However, the court finds that Burk's refusal to provide identification and engage with police clearly obstructed their duties. Citing relevant statutes and case law, the court asserts that any rational jury could find him guilty of obstructing a public officer based on his actions during the encounter. **Conclusion:** The court affirms the judgment and sentence from the District Court of Payne County, asserting that Burk had sufficient warnings about self-representation risks and willingly chose to proceed without counsel. ### Dissenting Opinion - Judge Lumpkin Judge Lumpkin argues against affirming the conviction, citing concerns about Burk's mental state and the trial court's failure to ensure he was adequately informed of the consequences of self-representation. He emphasizes that Burk was not given proper Fairtta warnings about the implications of his decision and suggests that mental health issues should have prompted the court to reevaluate Burk's right to counsel. ### Concurring Opinion - Judge Hudson Judge Hudson agrees with the outcome but asserts that the basis for the decision hinges not on waiver by conduct but rather on forfeiture of counsel due to Burk's dilatory misconduct. He highlights the necessity for courts to maintain order and efficiently administer justice, especially when faced with obstructionist behavior from defendants. **Decision: The Judgment is AFFIRMED.** For further details and full opinions, you may refer to [this PDF link](https://opinions.wirthlawoffice.com/wp-content/uploads/M-2017-511_1734779027.pdf).

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C-2018-1184

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In the case of Hipolito John Herrera v. The State of Oklahoma, the Oklahoma Court of Criminal Appeals addressed Herrera's appeal concerning his guilty plea to Conjoint Robbery. The key issues raised by Herrera were: 1. **Plea Validity**: Herrera argued that his guilty plea was not entered freely, knowingly, and intelligently, citing misadvice from his legal counsel regarding his potential maximum sentence. The State conceded this point, acknowledging that the plea was not made with the requisite understanding. The court found that this constituted an abuse of discretion by the trial court in denying Herrera's motion to withdraw his plea. 2. **Restitution Order**: Herrera's second and third propositions focused on the restitution order, arguing that the trial court did not have sufficient proof of actual losses incurred by the victim and a bail bondsman, and that the bail bondsman should not be considered a victim under Oklahoma restitution laws. However, these propositions became moot due to the decision on the plea validity. Ultimately, the Oklahoma Court of Criminal Appeals reversed the trial court's denial of Herrera's Motion to Withdraw Guilty Plea and remanded the case for further proceedings. This ruling emphasized the importance of ensuring a defendant's plea is made with full understanding and without coercion or misinformation. The judicial decision highlighted in the summary opinion grants Herrera relief, enabling him to withdraw his plea and possibly reassess the legal consequences and restitution implications of his case.

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F-2017-1307

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In OCCA case No. F-2017-1307, James Rex Clark appealed his conviction for four counts of Child Abuse by Injury and one count of First Degree Child Abuse Murder. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. James Rex Clark and his wife were charged after the tragic disappearance of a boy named Colton, who was living with them. They had adopted Colton and his older brother T.J.S. after the boys were removed from their biological parents due to drug and alcohol issues. In 2006, Colton was reported missing, and a massive search took place; however, no trace of him was ever found. T.J.S. later revealed that he had been abused by the Appellants and expressed fears about his brother's fate. After years had passed, T.J.S. reached out to authorities to provide information about the abusive environment he and Colton had experienced while living with their uncle and aunt. As a result of T.J.S.’s testimony and an investigation that followed, both James and his wife were charged with the serious crimes. During the trial, T.J.S. described the harsh treatment he and Colton endured, which included physical abuse and isolation from others. He explained that after Colton had an argument with James, he was taken to a bedroom, and T.J.S. later found him unresponsive on the couch. James tried to argue that he did not receive a fair trial. He claimed that parts of the trial were not properly recorded and that he was not given a fair chance to defend himself. He contended that evidence against him was presented in a way that was not appropriate and that the prosecutor acted unfairly during the trial. However, the court explained that there was no evidence that the issues James raised affected the outcome of the trial. They found that the testimony about Colton’s character and life was important and properly admitted to show that he would not have run away. They also considered that the defense did not provide sufficient reasons for their claims of error. Ultimately, the court upheld the conviction, affirming that the evidence showed James was guilty of the serious charges. T.J.S.'s accounts of the abuse were significant in proving what James and his wife had done. The judges concluded that despite the many claims made by James, they did not find the errors alleged by him to be valid or sufficient to overturn the jury's decision. The court’s ruling confirmed that James would face life imprisonment as recommended by the jury based on the severity of the crimes committed against Colton. This case highlighted serious issues regarding child welfare and the responsibilities of adults toward children in their care.

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F-2018-175

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In OCCA case No. F-2018-175, Charles Randall Hayes appealed his conviction for first-degree manslaughter while driving under the influence of drugs. In an unpublished decision, the court decided to reverse the conviction for the misdemeanor driving under the influence charge but affirmed the convictions for first-degree manslaughter and driving left of center. One judge dissented. Mr. Hayes was found guilty of serious charges, including manslaughter, because he caused an accident while driving under the influence. The jury gave him a life sentence for this, along with fines for the other charges. He had multiple reasons for appealing his case, claiming that he didn’t get a fair trial, that his sentence was too harsh, that his lawyer didn’t help him enough, and that mistakes happened during the trial that made it unfair. The court looked at whether the charges against him were correct. They agreed that he couldn't be sentenced for both manslaughter and for the misdemeanor of driving under the influence at the same time because that would be unfair punishment for the same action. Mr. Hayes argued that the prosecution behaved badly during the trial, but the court found that there were no serious mistakes that changed the outcome. They believed that the prosecutor's actions did not make the trial unfair enough to change the results. When Mr. Hayes said his sentence was too harsh, the court decided that it was still within the legal limits. They only change sentences if they are shockingly unfair, which they did not find here. Mr. Hayes also claimed that his lawyer did not defend him well enough. However, since the court did not find that the prosecutor made major mistakes, they thought there was no reason to think that a different lawyer would have helped him more. Finally, Mr. Hayes felt that too many errors had happened to make the trial fair at all. The court disagreed and said that since they found none of the individual mistakes were harmful, they couldn’t consider them as a group. In conclusion, the appeal changed one of the misdemeanor charges but largely supported the main conviction.

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F-2018-349

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In OCCA case No. F-2018-349, John Albert Broomhall appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the conviction and sentence, but vacated the order of restitution and remanded the case for a restitution hearing. One judge dissented. Broomhall was found guilty by a jury, and he was sentenced to one year in jail and a fine of $5000. He raised several claims in his appeal. First, he argued that the State did not provide enough evidence to prove that he committed the crime, which involved using a baseball bat to hurt someone. The court found that the jury had enough evidence to believe he did commit the crime. Next, Broomhall claimed he acted in self-defense, but the court ruled that he did not meet the burden of proof needed to show that his actions were justified. He also accused the prosecutor of misconduct during the trial, but the court decided that nothing the prosecutor did affected the fairness of the trial. Broomhall argued that the jury was given incorrect instructions, but the court found the instructions were proper. He also believed that the trial court made a mistake in how it ordered restitution for the victim's losses. The court agreed that the restitution order was not done correctly and needed to be revisited. Broomhall claimed he had ineffective assistance from his attorney, but the court found no basis for this claim, stating that the actions of his counsel did not harm his case. Lastly, Broomhall contended that there were numerous errors that, together, made his trial unfair; however, the court concluded that the only issue needing correction was the restitution order. In summary, while the court upheld Broomhall's conviction, it sent the restitution issue back for further consideration.

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F-2018-360

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In OCCA case No. F-2018-360, McNeary appealed his conviction for lewd acts with a child under 16. In an unpublished decision, the court decided to affirm the conviction. No one dissented. Goldy Romeo McNeary was found guilty by a jury for two counts of committing lewd acts with a child under 16 years old. The jury sentenced him to ten years in prison for each count, and these sentences were ordered to be served one after the other. The court also decided that McNeary must serve 85% of his sentence before he could be considered for parole. McNeary appealed his conviction, arguing several points. First, he claimed that the trial court wrongfully allowed evidence of other bad acts, which he said made his trial unfair. Second, he said that this evidence was more harmful than helpful, violating his right to a fair trial. Third, he argued that the trial court did not give the jury proper instructions about how to use this evidence. Fourth, he felt that the trial court was wrong to not allow him to present evidence about Speck Homes, where the acts took place. Lastly, he believed that when considering all the errors together, they warranted a new trial. For the first two points, the court looked at whether the admission of the other crimes evidence was an obvious mistake and if it affected McNeary’s rights. They concluded that even if there was a mistake, it did not change the outcome since there was clear evidence of his guilt. Thus, the evidence did not rise to the level of a serious error. For the third point, the judge had promised to give instructions about the other crimes evidence but failed to do so at the right time. However, since the judge provided some instructions later, the court found no harm was done to McNeary from this. On the fourth point about Speck Homes, the court reasoned that the evidence was not allowed mainly because it was not relevant and also tried to avoid bad effects such as confusion. The trial judge made a choice based on their understanding of the law, and the appellate court did not find it to be a mistake. Lastly, the court examined McNeary's claim that all the errors combined were enough to grant him a new trial. They determined that no significant individual errors had occurred that would justify this request. In conclusion, the court upheld the judgment and sentencing, affirming McNeary’s conviction without any dissent from the other judges involved.

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F-2018-588

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The case involves Sonia Weidenfelder, who was convicted of first-degree murder in the District Court of Tulsa County and sentenced to life imprisonment. On appeal, she contested the trial court's denial of her motion to suppress evidence obtained from two cell phones, claiming that the warrants authorizing the searches lacked probable cause, thereby violating her Fourth Amendment rights. The Court of Criminal Appeals of Oklahoma reviewed the trial court’s ruling for abuse of discretion, which entails a clearly erroneous judgment. They affirmed the trial court's decision, finding sufficient probable cause in the affidavits supporting the search warrants for the cell phones. They noted that the magistrate had a substantial basis for determining that evidence related to the murder would likely be found on the phones, allowing for the admissibility of the evidence at trial. The judgment of the trial court was therefore affirmed, and the Court concluded that there was no error in the admission of the cell phone evidence. The decision also includes information on the legal representation for both the appellant and the state, as well as a note that the mandate would be issued upon the decision’s delivery and filing.

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F-2018-623

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The document outlines a legal case involving Leslie Anne Gregersen who was convicted of Conspiracy Against the State in the District Court of Bryan County, Oklahoma. The Court of Criminal Appeals affirmed her conviction and sentence on October 31, 2019. The case revolved around several allegations made by Gregersen pointing to various errors during the trial, including insufficient evidence for conspiracy, improper admission of evidence from other crimes, ineffective assistance of counsel, improper jury instructions, excessive sentencing, and cumulative errors. Key findings from the case: 1. **Sufficiency of Evidence**: The court found sufficient evidence to support the jury's verdict of conspiracy, affirming that a rational trier of fact could have concluded that Gregersen was guilty beyond a reasonable doubt. 2. **Admission of Evidence**: The testimony regarding other crimes was deemed proper as res gestae evidence, necessary to provide context and understanding of the events surrounding the charged crime. 3. **Ineffective Assistance of Counsel**: The court ruled that Gregersen failed to demonstrate that her counsel's performance was deficient or that it prejudiced her defense. 4. **Jury Instructions and Responsibilities**: The trial court's handling of jury questions regarding sentencing did not mislead the jury about their responsibilities, and any potential errors did not affect the fairness of the proceedings. 5. **Excessive Sentence**: The court concluded that Gregersen's four-year sentence was not shockingly disproportionate to her crime. 6. **Plea Bargaining Deadline**: The court found no error regarding the deadline set for plea bargaining, noting that Gregersen had rejected a plea offer prior to the deadline and had not shown how she was prejudiced. 7. **Cumulative Error**: Since the court did not find merit in any of the individual claims of error, the cumulative error claim was also denied. Overall, all propositions of error were denied, and the judgment and sentence were affirmed.

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